Supreme Court of India · 1961-09-18
SUNKAVILLI SURANNA AND OTHERS vs GOLI SATHIRAJU AND OTHERS
- Citation / case number
- SC 1958/168
- Court
- Supreme Court of India
- Petitioner
- SUNKAVILLI SURANNA AND OTHERS
- Respondent
- GOLI SATHIRAJU AND OTHERS
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under the Madras Estates Land Act, 1908, when a ryot's holding is not shown to have commenced after the permanent settlement, the presumption is that the zamindar holds only the melvaram, while the kudivaram belongs to the ryot. The Court found that Thammiah, who died in 1885, had occupancy rights in the lands, which devolved upon his successors, and these rights were not acquired under the Act. The appeal was allowed, affirming the occupancy rights of Thammiah's descendants.